Read the following scenario and then write a letter of advice to Lei Lan. In providing that advice you must identify relevant principles, statutes, cases, causes of action, defences and remedies. Note you must use the correct legal sources not text books to support your advice. If the position is unclear, outline what additional information you would require and concisely state why you would need this additional information. Your footnotes should be in-text rather than in footnotes.
Details: See the details on the Unit outline regarding marking criteria. The assignment should be 2000 words maximum and the weighting is 30%.
Lei Lan is a young composer and singer who has dreams of making it on The Voice TV show. Lei Lan writes all her own scores, that is she does not use scores written by Mozart, the Beatles or Elton John. She uses lyrics written by other people, because she is “not very good with words”. Some of the lyrics for her songs come from poetry written by Shakespeare that she found in an old book. Some of the lyrics come from songs written by other people during the past 50 years such as The Beatles, Justin Bieber and Kanye West. Lei Lan has not sought permission or made a payment for her use of lyrics.
Li Lan has a blog which she uses to promote her music. It contains links to homemade recordings of her music and also features links to music videos of her favorite artists on YouTube. Lei Lan’s site has attracted a lot of attention, with people from across the world downloading her music recordings. Recently Lei Lan has had an email from the law firm Snark Hellgore representing Kanye West foreshadowing legal action.
In October 2016 Araminta posted a rant on Lei Lan’s Facebook page (200 friends) about one of Lei Lan’s recordings which Araminta had downloaded after too many Margaritas “you sing like a mooooo cow with colic and I bet you breach the copyright of real artists”. The post has been shared many times.
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